Loading...
HomeMy WebLinkAboutPACKET APR 02 2013 RiCR RITR OFFORTOR[TT BEAUMOK* T • 8 • % • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 2,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—March 26, 2013 * Confirmation of committee appointments Kathleen L. Leaf would be reappointed to the Library Commission. The current term would expire February 15, 2015. (Councilmember Mike Getz) Frank Messina would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 15, 2015. (Mayor Becky Ames) Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10,2015. (Mayor Becky Ames) Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2015. (Mayor Becky Ames) Sandra Womack would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 10, 2015. (Mayor Becky Ames) Norris Batiste, III would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 10, 2015. (Councilmember Gethrel Williams-Wright) Glen Johnson would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 10, 2015. (Councilmember Alan B. Coleman) Gene Bush would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 17, 2015. (Councilmember Alan B. Coleman) Tom LeTourneau would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 10, 2015. (Councilmember W. L. Pate, Jr.) A) Approve a resolution approving a consignment agreement for the golf pro shop at Tyrrell Park B) Approve a resolution authorizing the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Neches River Festival C) Approve a resolution authorizing the granting of a Pipeline License Agreement with Crosstex NGL Pipeline, LP D) Approve a resolution authorizing the acceptance of a twenty foot wide Drainage Easement to allow for the construction of a storm sewer outfall pipe for future development E) Approve a resolution authorizing the granting of a Utility Crossing Agreement to Crosstex NGL Pipeline, LP to cross city utility easements outside the corporate limits of Beaumont for use in the Water Department F) Approve a resolution authorizing the acceptance of a twenty foot wide Drainage Easement from Bill Little, President of LITWOOD,to allow the construction of a storm sewer outfall pipe for future development RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the following reappointments be made: Reappointment Commission Beginning Expiration of Term of Term Kathleen L. Leaf Library Commission 04/02/13 02/15/15 Frank Messina Convention and Tourism Advisory Board 04/02/13 02/15/15 Ann Rothkamm Convention and Tourism Advisory Board 04/02/13 02/10/15 Bonnie Cokinos Convention and Tourism Advisory Board 04/02/13 02/10/15 Glen Johnson Police Department Community Advisory 04/02/13 01/10/15 Committee Gene Bush Police Department Community Advisory 04/02/13 01/17/15 Committee Tom LeTourneau Police Department Community Advisory 04/02/13 01/10/15 Committee Sandra Womack Police Department Community Advisory 04/02/13 01/10/15 Committee Norris Batiste III Police Department Community Advisory 04/02/13 01/10/15 Committee PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - � A RICH WITH OPPORTUNITY IIEAIUMON* T • 10 • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution approving a consignment agreement with Games People Play, Inc (GPP) for the golf pro shop located at 5490 Babe Zaharias Drive (Tyrrell Park). BACKGROUND The City of Beaumont operates a golf pro shop at the Henry Homberg Golf Course. Games People Play, Inc (GPP), a leading retailer in golf-related supplies and equipment, has agreed to supply Beaumont's golf pro shop with high quality golf merchandise through a consignment agreement. This consignment agreement would allow GPP to sell their merchandise at the City's golf pro shop and in exchange the City would receive ten percent(10%) of the revenues generated from the sale of such merchandise. GPP would be responsible for transporting, organizing, and displaying any merchandise they bring to the pro shop, and they will also retain control over the price and ownership of any merchandise there. The City of Beaumont's main responsibility would be to provide a location for displaying the GPP merchandise and tracking the amount of merchandise sold on a monthly basis. The City of Beaumont and Games People Play, Inc. believe that this is a mutually beneficial agreement. This agreement will provide new and high quality merchandise to Beaumont's golf pro shop and will aid in the overall improvements being made at Henry Homberg; similarly,this agreement will allow GPP to market its products to a broader range of golfers and assist GPP as they can claim an association with a municipal golf course. A draft of the agreement is provided for your review and consideration. FUNDING SOURCE Not applicable. The City of Beaumont will receive ten percent (10%) of the revenue from the sale of GPP merchandise. RECOMMENDATION Administration recommends approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year Consignment Agreement, with an option to renew, with Games People Play, Inc. (GPP), of Beaumont, Texas, for the sale of golf merchandise at the golf pro shop located at Tyrrell Park. The agreement is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - CONSIGNMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND GAMES PEOPLE PLAY, INC. Pursuant to this agreement, the"consignee"hereby known as the City of Beaumont(COB), a home-rule municipality in the State of Texas and the "consignor"hereby known as Games People Play, Inc. (GPP)both agree to the terms of this agreement as it is set forth below: I. OBLIGATIONS OF GAMES PEOPLE PLAY 1. Games People Play, Inc. (GPP)hereby agrees to provide the City of Beaumont(COB)with a list of merchandise or goods to be displayed at the location of 5490 Babe Zaharias Drive, Beaumont, Texas 77705. This list shall include a physical description along with the quantity of merchandise provided. GPP agrees to provide this list to COB each and every time it brings merchandise to the City of Beaumont. Both parties agree that the aforementioned merchandise will only be sold at 5490 Babe Zaharias Drive. 2. Games People Play, Inc. agrees to "refresh" or provide new or additional merchandise to the City of Beaumont every 45 days. This shall be known as the "refresher period."GPP agrees to provide only new and or high-quality merchandise to the City of Beaumont. 3. GPP shall be responsible for organizing, showing, displaying, or otherwise presenting merchandise that they deliver to the City of Beaumont. The City of Beaumont shall provide staff for assisting in this endeavor. 4. GPP agrees to transport merchandise to 5490 Babe Zaharias Drive, and display merchandise at 5490 Babe Zaharias Drive at no cost to the City of Beaumont. 5. Merchandise provided by GPP to COB will at all times remain the property of GPP. The City of Beaumont shall not make or suppose claim to property provided by GPP,unless provided for by a specific provision of this agreement. 6. GPP retains all rights to set the price of merchandise provided by them to the City of Beaumont. The City of Beaumont shall have no right or prerogative to amend, alter, reduce, increase, or in any way change the price of merchandise provided by GPP without the express written consent of GPP. II. OBLIGATIONS OF THE CITY OF BEAUMONT 7. City of Beaumont agrees to display merchandise received by GPP in an area of high visibility which can be readily discernible to an average customer. Page 1 of 1 EXHIBIT "A" 8. The City of Beaumont or its employees shall be responsible for selling merchandise provided by GPP. 9. COB or its employees agree to forward any and all special order to GPP by email or phone. 10. The City of Beaumont will be responsible for general maintenance related to the shop located at 5490 Babe Zaharias Drive. III. REPORTING REQUIREMENTS & PAYMENT PROVISION 11. GPP agrees to provide the City of Beaumont with a detailed listing of merchandise it will provide to COB. GPP agrees to provide this listing every time it provides merchandise to COB. 12. The City of Beaumont or its employees shall be responsible for keeping a detailed listing or report of each GPP item sold on a monthly basis. COB agrees to remit this report to GPP on a monthly basis. All items received by COB from GPP must be reconciled to this report each month. 13. The City of Beaumont shall be responsible for tabulating the total sales of all GPP items sold during a given month. The City of Beaumont shall be allowed to retain 10%of this amount and shall remit 90%of this amount to GPP by the 50, day of each month in accordance with the previous month's sales. Any amount not received by GPP on the 3& of said month shall be subject to an additional finance charge not to exceed 1%per month. 14. City of Beaumont shall electronically remit payment due to GPP. GPP shall provide banking information for this purpose. IV. MERCHANDISE STATUS 15. GPP merchandise not sold by the end of each"refresher period" shall be evaluated by COB staff. Any merchandise not likely to be sold shall be returned to GPP and GPP shall incur any such costs associated with accepting the returned merchandise. 16. The City of Beaumont agrees to be responsible for an amount not to exceed fifty percent (50%) of the replacement cost of merchandise or inventory lost due to "shrinkage,"which is commonly defined as the loss of inventory for reasons including, but not limited to,theft, fraud, damage in transit, deterioration, or cashier error. The City of Beaumont agrees to report any items lost due to shrinkage to GPP and GPP agrees to report any items lost due to shrinkage to the City of Beaumont. This provision shall only apply to (1)merchandise or inventory located at 5490 Babe Zaharias Drive, Beaumont, Texas 77705 or(2)merchandise or inventory in transit to 5490 Babe Zaharias Drive, Beaumont, Texas 77705. V. TERMS OF AGREEMENT 17. This agreement shall become effective on and shall remain active for a period not to exceed 1 YEAR from the effective date unless the terms of this agreement are renewed by both Games People Play, Inc. and the City of Beaumont or unless provided for by a specific provision of this agreement. Page 2 of 2 18. This agreement can be cancelled by either party upon providing a 30-day written notice to the other party. 19. In the event that the City of Beaumont terminates or cancels this contract,with or without cause, the City of Beaumont agrees to return any and all merchandise on-hand or on order to GPP. 20. This consignment agreement constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreement between the parties respecting such subject matter. 21. Games People Play, Inc and the City of Beaumont do hereby understand and agree to the terms set forth above by their signature found below. City of Beaumont Games People Play Name: Name: Position: Position: Date: Date: I Page 3 of 3 B RICH WITH OPPORTUNITY IIIAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Neches River Festival. BACKGROUND The Neches River Festival is planned for April 20, 2013 and will require full road closure along much of the route. Portions of the event route are located within the Texas Department of Transportation's roadway system. If approved,the application will allow the City of Beaumont to close state roadways for the purpose of the event. The resolution will state that the roadways will be closed to serve public interest and deem the City of Beaumont responsible for any damages or accidents that may occur and hold harmless TxDOT and the State of Texas. FUNDING SOURCE The applications will have no budgetary impact. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Neches River Festival. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - Agreement No.Y__ IAT COUNTY OF TRAVIS § AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City Of T , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including 2 D , in .1tr,2,so , County; and WHEREAS, the local government has requested the temporary closure of _qRU& -,3 F�O for the purpose of from_4-zo. t3 to +,M-0 as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the local government's incorporated area; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and that the closure of the State's right of way will be performed within the State's requirements; and WHEREAS, on the day of , 20 , the City Council passed Resolution / Ordinance No. _ , attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the local government to enter into this agreement with the State, and WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. :f" "- fFic_Glosure Incorporated (TEA30A) F.;g° 1 c'`C Rev. Q5/02/2008 EXHIBIT "A" Agreement No. The physical description of the limits of the Event, including county names and highway -umbers, the number of lanes lho highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. if the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D_ The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E. The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be ^ble to meet its requirements. The local government hereby assures the State that there will be appropriate passage " "i� 7raff'sc_Cla;�ur� fncar-pc, ,:;::�: ; i M:�30A) Page 2 of 8 Rev. 05/02/2003 Agreement No. _ _ „;�anc > for ernerger:cf ��;:,i�;, ii°uu>, �tll aQ:ess for abutting property owners -ring construction and closure of the highway facility. These allowances and accesses will >.;e included in the local gov-rnm, nt's traffic control plan. restore I. The local government will avoid or minimize damage, and will, at its own expense or repair damage occurring outside the State's right of way and restore or repair the State's right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right of way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and local government under this agreement. If the potential termination of this agreement is due to the failure of the local government to fulfill its contractual obligations as set forth herein, the State will notify the local government that possible breach of contract has occurred. The local government must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the local government does not remedy the breach to the satisfaction of the State, the local govemment shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 8. INSURANCE A, Prior to beginning any work upon the State's right of way, the local government and/or its )ntractors shall furnish to the 3tu'4-G u completed "CertificF:te of Insurance" (TXDOT Form 360, latest edition) and shall maintain the insurance in full force and effect during the period :..Mt.. . i' ..�.`I^ �1'•,r,l,lr: InCCrj.70C�:;� �' ;, _ ^,11j '��:.:• 7 of 8 Rev. 05102/20r-o Agreement No. tat the local government andior its contractors ai,e encroaching upon the State right of way. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Govemment: State; Texas Department of Transportation All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. xecuted on behalf of the local government by: "if�ic—Traffic-„Closure Incorporated (TEA30A) Pac; .� of 3 Rev. 05102!2.000 Agreement No. By _ Date City Official Typed or Printed Name and Title THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer Traffic—Traffic Closure incorporeAked ('i f..,',,30A) Page 5 of 8 Rev. 05/02/2008 i C RICH WITH OPPORTUNITY ` City Council Agenda Item T E X A $ �J b I i I I TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donarf, Public Works Director MEETING DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement within City of Beaumont limits for use in the Water Department. BACKGROUND Crosstex NGL Pipeline, LP has requested permission to install a 12" (twelve inch)pipeline which will cross two (2)twelve inch(12") sanitary sewer force mains, and right-of-way crossings at Lawrence Drive,Voth Road and Helbig Road within the city limits of Beaumont. The pipeline is for the purpose of transporting natural gas, and will be constructed in accordance with City requirements. There is a one-time fee of$500.00 for the Pipeline License Agreement and an annual fee of $2.25 per linear foot of pipeline. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Pipeline License Agreement to Crosstex NGL Pipeline, LP, substantially in the form attached hereto as Exhibit 'A" to install a twelve inch (12") pipeline which will cross two (2) twelve inch (12") sanitary sewer force mains, and right-of-way crossings at Lawrence Drive,Voth Road and Helbig Road within the city limits of Beaumont for the purpose of transporting natural gas, said pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: CROSSTEX NGL PIPELINE,L.P. BUsinegy phone:1 214953-9500 Business Address: 2501 CEDAR SPRINGS ROAD,STE.100,DALLAS,TX 75201 The City of Beaumont,hereinafter called"City",for and in consideration of the sum specified herein ONE THOUSAND THREE HUNDRED TWENTY SEVEN DOLLARS AND 50/100 ($1,375.50) hereby grants to CROSSTEX NGL PIPELINE,L.P. hereinafter called"Licensee",the license to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Street Name or R.0.W. (Linear&W i LAWRENCE DR. 30 FEET VOTH ROAD 30 FEET HELSIG ROAD 30 FEET MISC.SEWERAGE& 500 FEET WATER LINES 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: a License Agreement fee-$500.00 o Annual fee of$2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31,2011 and shall be reset every ten (10)years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to Construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). GENERAL CONDITIONS: • Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however,Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee andthe regulations controlling thepayment of such fee will be those as lawfully established by the ordinances of the City. • All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. • The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five(5)feet below the lowest existing or proposed ditch grades,waterlines,sanitary sewer lines or storm drainage lines, ualess otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal; as well as depth of proposed pipeline(see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines,or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shalt be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department)in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permissions by the owner(s)of the property involved. Writtee proof of said permission is to be provided to the City as part oftbe applicationprocem.Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 • Any licenses,permits or agreements required by another governmental entity (County,State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity,then documentation regarding such will be provided to the City of BeaumoITL • Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation,any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided,the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. e permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REOU R D C'OVERAC3E: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance,including bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: • Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident • Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen(15)days written notice must be given to the City prior to cancellation,alteration,or modification of such insurance. • Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereon and conditioned that the principal and surety will pay all damages to any Person caused by, or arising from, or growing out of any violation of the berms of this agreement. The bond shall provide that it may not be cancelled,altered, or otherwise modified without giving fifteen(15)days prior written notice to the City. The bond shall be good and in effect for a period of one(1)year from the date of completion of construction of the pipeline. • Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or properly occasioned by or arising out of the construction,maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont,it's agents,officers or employees, arising from actions taken or occurrences under this license agreement. 0 If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTIONMAMB MNCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W.involved with this license will be the responsibility of the company obtaining said permit. Licensee shall marls the location of its lines within forty-eight(48)hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number,or charges to such number,will be provided to the City pgwt<nect of Public Works)and kept current at all times. This number shall be provided to entities permitted to construct,maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee,through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure,by Licensee,to respond within the required time frame shall alleviate the responsibility of the persons) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid,sewer,gas,water and other pipes and cables,and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in,across, along,or under any of the streets,alleys and easements,and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 6 o Whenever by reason of the change in the grade of any street occupied by Licensees'pipeline or construction of a new street or highway along or over said street, or by reason of the location or manna of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto,such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. if the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed My by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided,however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City,make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any marmer of the pipeline where same is in a City street,alley, easement or other right-of- way. NOTTFICATION/INSPECTION: o Any and all work to be performed on City right-of-way(R.O.W.)shrill be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Public Works Department- Engineering Division) twenty-four (24) hours prior to fire installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. a Licensee shall notify the Engineering Division at least forty-eight(48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassianable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty(30)days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: CROSSTEX NGL PIPELINE,L.P. P.O.Box 3827 Beaumont,Texas 77704 Address of Licensee: 2501 CEDAR SPRINGS ROAD,STE.100 Attn:City Manager City and State of Licensee: DALLAS,TX 75201 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this amt will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipelme by Liowww after the date of this fully executed license shell be eonstnmi as evideme of Liceanee's acceptance and appaoval of the Conditions above set forth. IN WMIESS. WHEREOF, tha City of Beannogd.Teaas,lass caused these presents to be signed by its City MauW and the seal of the City to be herewith aTzwd by the City Clerk, this 8TH day of MARCH A.D.201L, CITY OF BEAUMONT, TEXAS By: Kyle Hayes,City Manager ATTEST: City Clerk APPLICANT'S COMPANYNAME: (Lioe=W)CROSSTEX NGL PIPELINE,L.P. Eby: CHRIS GRENEALD( DIRECTOR OF LAND-PNGULIG Title ATTEST: By: 9 .. - - A m 0 v > 1 va 'N m 9 m 0, A o> Iw-0 agy 8 i m 0> -I D..N T N_ c * O GZior C3;-4•1> m m D qZ )ZA13 ra� �3 m s ao f Z --1 cz m'X•°Z a "� o YR O' $ � i > ai $�;oa. z < s r >o > rz_ X yy gY p i m a oor p N 3 m m D DO J O m m 0I 1A Z a o o> { r s x al D > N G m < z < H > u m N W A m(A r ; z D D O O mn Z e a yr D 0 C > a ® f 0 4 arm rr � 8� tv z T= p C o m m CR10 NORTH 6 G* 1 71 2+57 APPROX.R.O.W. 1 71 2+57 APPROX.R.O.W. N P P—p 17']1 2+61 EXISTING O/H — — POWERLINE j 1 71 2+61 EXISTING D/H PDW ERLINE - P P—p---p p__ —PP— D pP- -� 1 712+66 (DITCH L j 1 71 2+66 Q DITCH z > m Ld S vJ lJ = 1 71 2+74 EDGE OF ROAD 1 71 2+74 EDGE OF ROAD •. I - .DO m W TH u.e.1.TO INTDERO[CTION N ul N F.Tl a 1 71 2+65 (HELDIG RD. — L 'D N O 1 71 2+85�MELeIm ROD a— — _ N> D 9v mI0 m m+r N w b0 WN N m9 a z -1 yid A m m X m z A V n 1 71 2+95 EDGE OF ROAD r > m Q 4 N Tg Q nl O Z 1 71 2+95 EDGE OF ROAD Q n 1. 0 D r 1 71 3+02 (DITCH 1 71 3+oz (DITCH N N o Z W z A 9 z — — 1 713+1 2 APPROX.R.O.W. — - N y > 0 m 1 71 3+1 2 APPROX.R.O.W. a, m yY �m > z Z m^> O X 1 m �9Z It m [Dfl u p 2 r o Z Z I o J Ilool, 774d '62%` JEFFERSON COUNTY, TEXAS I 1720 Q .' ole a li I 0 W.B. OYCHES .Area of l ,p I lost a ,' i o A-1 7 ro3Pro poSed Work A I'M 1ma0rK 7 b7 A �� e Lake �. 1os`1B z or a .. Nome 7 �° C)n 3 r 1 360 103 Is = 3-W I 1 b 12� s�Clina `�. T1 POft e \ 3151 K , ""rr"�_ g q ZL T7 Nederk >•7 wV► Io 0 D 3/ tlhrr, C ( W l7 ( O VICINITY MAP a ° m tr Z _ NOTTOSCALE X I C E O i XI _h R O O O In 0 D 0 ( " W W W�F W V ml N V F 0 O O IN V IO 2 t` B m IF N (�PROPOSED 1 2° PIPELINE V 7 O W V - e O n +1 10 N m m �, ID Io m d m m 9 C ID b i 130 UNdMWm.d utibn and/or pipelines shown hason ere plotled using UN beet Wpewd"V Wb twWomm s,No court house ressereh or plobirV of plpalm PLAN and/or ogler utiNliw vrss pwrionneG SCALE: 3 O O D 3 O ( W ( O U E a Z m It E y2 x I p W - i X F C -C ° W ; W O LL Is 0 i (I r al W 8 0 M 4 m I+ + + + + O+I +cil Z F E ({ WARNING BIpN(TYPICAL) V V a v - a n in &TEST STATION In ID 0 10 0 9 3: 9 O a O 0 ID m 40 40 B6� 30 3D 23 20 10 10 4 1' O p 1O -10 -20 -20 NOTE PROFILE PROPOSED 1 2" PIPELINE TIE SOUTHERLY ALONG C/L OF LAWRENCE OR.(STATE HWY. 1133) "0.93 MILES TO INTERSECTION OF VERTICAL SCALE:1'-40 STATE HWY.2137 HORIZONTAL SCALE:1'-20 SPECIFICATIONS ROAD TYPE:ASPHALT CROSSTEX NOL PIPELINE, L.P. PIPE: 1 2.75'o-D.X 0.375'W.T. SMYS:API 5L X 60 MAOP:2100 PS66 PROPOSED ROAD CROSSING coATINO: 14-16 MIL FSO WARD LAWRENCE DR. (STATE HWY. 1 83) INSTALLATION METHOD:HOD TX245-1 45 PRODUCT:NATURAL GAS GENERAL NOTES' JEFFERSON COUNTY, TEXAS 1.) COORDINATCH•ARE BASED UTM ZONE 1 5,HAD Bar U.S.FOOT. �CRO JOHN LAND SURVM,INC. 2.) ELEVATIONS ARE BASED ON NAVDBS DATUM. - 2MCUUMOIYELWAVErMI.A706011 3.) PIPELINE WARNING 810NH SHALL BE INSTALLED AT CROSSING. P 1M 997.19006 NWII)237.1900 4.) STATIONS ARE LOCAL AND HORIZONTALLY BASED. GEOOEIIC WHY'NAN3 Pro Her.: RAP SCALE 0 20• ZONE:U.T.M.15(NO" R eed: 5.) INTERSECTION IS LOCATED AT: GRID UNITS:US SUAM FEET Printed: 2/7/13 IN FEET I — N 10948269.14/LAT. 30.1 59503 Job No.: 11-0344 Dote: 6/27/12 D-w: JMM/RJM Sheet: Of: E 1270347.50/LONB.94.1 71 355 L\2011\110344\PN Rmi..,\CAD\P.mib\Rwd\R-T1t245-145.dre I I lioloi), ." �2 bee 26 2246 ` 7U JEFFERSON COUNTY, TEXAS 770 13 - Dle ') W.B. DYCHES SURVEY toetAree of„.I,., % 10 11651 0 A-1 7 + 1" Z _.Proposed Work � 1 � 7 — 0 g5! L 1 31 Ahu1t 87, i r o 103 18 s i?, (6'-2 ii �y -.....,y(i a. 1p 1' r + 3 3 N°ple 20 '38t ,1ps is : 1 W ; I n I 121 S5 t�1�I10 \.. f x011 6 ; U C 13651 A 2.. 22 BTId !) p 0 Q v 24 27 Nederle Glut E E a x 3 117' f E'3.Slb;. O U W H 4 I o OZ p 11416 i 10 Be x l I D x G Z 4 VICINITY MAP a 00 >> o I m 10 u x px NOTTOSCAIE W .+' W y y a N ^ C 17 N 301 m PI + + + +� 3 N N ri (7 l7 m 10 I N N N S N N N N V)I 10 10 �O �o al I m I O hO 3 O rL PROPOSED 1 211 PIPELINE SEE NOTE 5 ; Underground udItiss endlor pipsku shown ha—I 60 are plotted using Ma bee";W-lt end vetble I O evidence.No court houw rewBdh or prob.V of pvdi IwI PLAN endlor 00W UbSM Wee pBbM*& SCALE:I'=7D 2I Jp W 1- Z IL 3 < < I F W� > G o a a m 13 II: E li R 33 4I C E X I 0 1 O a O m > G 3B ml a 0 U O W I x x y G a al Y' W W y O l Pl V 7 N 11 m G 0 - 3B N I Nj N NI N N t7 I N PIO N WARNING 8 O WARNING SIGN(TYPICAL) N (9 N N 11 3N N N (TYPICAL, 6,TEST STATION a) B O I In I 8 Ji TEST STATION 50 I^ O 50 40 601 40 3❑ 30 20 20 10 10 0 3 7' 0 -10 -10 -20 -20 -30 3D NOTE PROPOSED 1 2" PIPELINE PROFILE TIE SOUTHEASTERLY ALONG C/L OF VOTH ROAD ' 0.45 MILES TO INTERSECTION OF VERTICAL SCALE:I'-W U.B.HWY.287 HORLONfAL SCALE:1.-20 ■PECIFIOATIONB ROAD TYPE:ASPHALT CROSSTEX NGL PIPELINE, L.P. PIPE: 1 2.75'O.D.X 0.375'W.T. ' SMYS:API 5L X 60 MAO": 21 OO PBIG PROPOSED ROAD CROSSING COATING: 1416 MIL FSO WARD VOTH RD. INSTALLATION METHOD:MOD (x245-1 4B PRODUCT:NATURAL GAS JEFFERSON COUNTY, TEXAS GENERAL NOTELI' �a�a� @���a1�y� 1.) COORDINATEB•ARE BASED IJTM ZONE 1 5,NAD 83,U.B.FOOT. �r'pG Y1Va'la�CHANCE LAND H URVI I,INC. 2.) ELEVATIONS ARE BASED ON NAV088 DATUM. - 200 MAL29 DAM LAFAVErM LA 7=8 �+. 2 F:(887) 8R-1=0 3.1 PIPELINE WARNING 91ONS SHALL BE INSTALLED AT CROSSING. P:M 987-1880, 4.) STATIONS ARE LOCAL AND HORIZONTALLY BASED. OEOOEIE DATUW NAIL Pra.Yy.. RAP SCALE o 6D ZONE:U.T.Y.15(NORM) RwiaW: 5.1 INTERSECTION IB LOCATED AT: /SNl IIIR15:US SURVEY FEET Prtntsd: 2/7/13 1 IN FEET —J N 10947572.91/LAT.30.1 57475 Job No.: 11-0341 1 Data: 6/28/12 1 D— JYY/SCS Sheet: Of: E 1 266378.32/1-ONO.94.183893 L:\2011\110144\PrWmlmrACAD\PUmlh\Road\R-TU45-146Awe 1 1 C tnAmN -'m Din 3m�nW t1R IZ p R m -�Z 111 D n D R1 °D CDR••D D m Ji� PI £ 9 z6 _ "".,. ..� C D _ H D r ❑p Cr ZI ..,� D =o s I <O - .0 Rio N9 ND o 41 Al o�nm " oiZ ►ZAOrPR_i _RA m E m i bad £ 2 an c •°fl �m� c- AmZ A A N NW D�PG N�Z° G❑f w w - - N W A lu 3 O x ID, i O ❑ D 0 0 0 ❑ O 0 O j 2 - Pm° F i m y pOF -1 HZ _ _ _ °i all _ l' •�,1.Jj I9 Z a D ® ° ° Z 0 u I v'2 R jOw � �p � T Z Z ° R gg 3 A E �m",�•• M p f° ❑ ;p 1-6�1 75+$0 A PP-RO- - 1 .$__$_ ---R-O-w. 67 +50 APPROX' 1 675+69 O/H POWERL NE _ J 5 410 Z R m Z < m P �_P ��__-- _--167S+69 0/H POWERLINE N H m R 1675+78 4 DITCH G_-_._?----(�.r > 2 N 1 675+78 C DITCH .�� 1 m r C I N 1 675+96 EDGE OF ROAD - ^ F > 3 675+96 EDGE ac ROAD OM ❑ 9 1676+1 O C u.5.Hwv.287 5 - -...--_ - 1 676+1❑ C U.6.HWY.287_s n � � -1 W � 9 - '--'-- (9ERVIDE D C �1 676+22_EDGE OF ROAD --- dbi 676+22 EDGE OF R--O-AD - --- I rq 2 576+4 1 rl DITCH � � R__.J--.� -�. '•-•li /VO4'M I Z 0 1 676+41 C DITCH R 11 G 13 Z 2 it 676+63 SHOULDER OF ROAD �' C �, D m --"-"---- 1 676+b3 SHOULDER of RO?D - 16176+70 EDGE OF ROAD ' 21.� 1 676+70 CDOE OF ROAD w -.- [[1� '1 676+84 C U.s.HWY. 287 5 fr(j'"n z F 1676+84 I c O EDGE OF ROAD IW N nlO 1 8 O R_�AD -- 1 �nT1 -� O 1 76+�7 1876+97 F EDGE d� �R n, 0 1 577+03 EDGE DF ROAD _ IO �m•1 »�� ! FROAD7+25 4 U.S.HWY. 2B7 N 287 N_ 1 677+25 WY 4L. +47 EDGE OF ROAD n A 'fl 77+47 EOGE 6=_R°-AG-^-- `_ /♦ v 1 677+51 SHOULDER OF ROAD 1 6 ---•�- 1 _ D m n lS� D L(}f I` - 1677+51 HHO UI.DER OF ROAD - _ r^O 1677 X82 _ U/ 0.0 m m i E DITCH 677+62 C DITCH --'- r A' O - D E F R�1 A.P _ -- _-- N L 1C \ Z i 1 677+75 EDGE OF ROAD 1 77+�7iS_�..�--g- N \ n fl r .1677+86 U.S.HWY. 2B7 N 1677,+06_Fy.U•° HWV_287 N -�-- ; p 0 RI D C SERVICE RD 1 - +7 �1 677+97 EDGE OF ROAD Z - 677+97 EDGE OF ROAD �} S N ll{• _ N ®R it 6178+22 C DITCH 3 A J p m^ o - 1 b 7B+zz E olrcH -- C T�R (, m 1 1 678+34 O/H POWERLIN � _E a t O �C X m 1 -P...__.P..__-_u- 167 +34 O/HPPO.-WERbINE.._P- _ -_.rP�-- yy D A z Z '--- HR — 6-_ _-_- 3SWW N� Q m 1 67B+S0 5 APPROX.R.O.W. _ y, N . •� 1(781 APPR O%.R. .W. . S y \WARNING SIGN(TYPICAL) O - pO 6 TEST°TATIDN D o 0 0 0 0 o D rA At W A N N ..PI A Z O D 3 y 0 .0 m I m Z '¢ A S _ Z Oda O<m0 q m 2 Z m v_ m D �I D D H 9 fn••D Q m.1 a s s 2 a'R _.... .._. s •fl D,.._ _ H y r OA Crz" to 2 �g E � j .0 r 1i�N,�N 1Q31 Tg oaf P~-t•N ` N.A7p Z IZn p 2 Z DZAOru' i �mS '°3e$ 0 cc'�'x 0 m Z > J- a f Z mpi i Z D m0 >I 60. 1m mO� $ N OUm r Z a 003 O%� ZZ _ z rnOmm D�'I 0 AO V 1 z5> > vn > mom j o° Q m o -1 :k z ♦ y u ' G' m D z D m CpE N O N f' �i 1000 O m Z 0 p m Z= ic N r < ;N 0.1 $ A m 0 L V m 13 O O U ® VN Ar D Z O m F D Pr ; ) p N 11576+64 AP PROX.R.O.W. y O 0 11576+65 TOP BANK DITCH A C _ — l mm HO110)IN'°'B d01 59+9LS CR�O Z 0 {�j HpRr. _L — —D — HD1—LL+9L�s---- v o m 11575+81 E 0ITCH r r y$ GGn D ZA ti 1 576+94 TOP BANK DITCH HOMO xNd9 d01 46 9L91 7 T r. a �' £ � m i•l m i Y c 'dui I�I��Q 13 w N^ N m 'Y OVOtl 10 3DO3 b l+LL9l m.ZI p Q ' 1 577+1 4 EDGE OF ROAD r> N L .0 5 310N 339 N _ N O v TI _ N r Z 9 m N N— — — N _ •tla nOrb'w N�+ LZ+ m m 0 X N_ 1 577+27 4, N.MAJOR DR. N {[� as 7a to X? o Z Ae�p 313 6E+LLr'1 D m O Z to 1 577+39 EDGE OF ROAD OW On m ONL 0 r Y+nZ 1 N u X C J A O T 1 577+47 TOP BANK DITCH 1.1plID)INNS d01 Lbf'LLS 1 p 2 A Z Y m �a m o m _ __-- — N m a j c m r 1$77±71 C DITCH _ —ja ) 6L+LLy 1l C X pc x Z — "� D _ a) ; m < N1'ltl 3M—_D HH�O DNI191.X3�9�•wo S L m N iN 1 577+83 EXISTING O/H POWERLINE 3 I i 1 577'4'84 TOP BANK DITCH — — HOl1D)N=B�Ol 48 LLL` 1 577+89 APPROX.R.O.W. f D w O O is _.: JEFFERSON COUNTY, TEXAS 1 Area of." 16 (1os /a 1 s THOMAS SPEAR SURVEY Proposed Work,.A I' w Io5) 10 11111 MO=ker P-� _ e11 o ABSTRACT 50 Lei *our q 12, a 11 Z LAT 30.1 58502cN, LONG 94.166712'w of Iru CL NGlne 105, ,s`2 'e 1j, ,�► China '�- 1 � � 2+ 27 Hederle In � � -r 06' x-{364 Sljrti>. P ,p w 1 7 J ree3 1211 2 - 1117h1 N, W m � VICINITY MAP .3 4 1 m o P£ v NOT roSCALE 1 679+29 TOP BANK T ,wee 1 7 fL PROPOSED 1 2" PIPELINE fie° Underground ublitties and/or PIPOW shown hereon are pteed using the oast apparent an o waft A evidence.No court house resewch or probing of pipelines PLAN sndlar other otRiS was pwldnW. $GALE:1'-20 W W Z_ 2 Y Y 9 4f O_ J J B0 O_ m F B B J� W W 4 Z^~ J Z Oat Is U0 a o ZaF w n ZyayF f ✓ F Q F W N tV `F W m m r ; 3—� N in m n 60 + + + P al G 01 U 6D n I, + + 0 10 m a m if 40 40 20 20 D D 49` EXISTING 1 2"SEWER LINES IDEPTM UNKNOWN,FIELD VERIFY) -20 -20 -40 -40 PROPOSED 1 2" PIPELINE -60 -60 PROFILE VERTICAL SCALE:I'-e0 NORI2ONTAL SCALE:1'-29 CROSSTEX NOL PIPELINE, L.P. SPECIFICATIONS PIPE: 1 2.75 x 0.375`W.T. PROPOSED 1 2" PIPELINE CROSSING SMYS:Apl 5L x 60 FOREIGN PIPELINE CROSSINGS .ADP:21013 PSIO COATING: 14.1 6 MIL FBO W/ARO JEFFERSON COUNTY, TEXAS INSTALLATION METHOD:NOD DRILL '^a�, 1., PRODUCT: NATURAL GAB CRO JOM �SURVM,INC �a�E LAFAVETTE,LA70806 GENERAL NOTES: � P.an 31117-110101 F-*mn YJr-1800 1.1 COORDINATES ARE BASED UTM ZONE 1 5,NAD 83,U.S.FOOT. GEODETIC""t Natal Pr"j-sler.: RAP SCALE 0 20' 2.) ELEVATIONS ARE BASED ON NAVOS9 DATUM. ZONE:u.r.N.II(NORM) Rlrirwd: cRro TS*u3 SuRVEr FFfI P n/a6: 3/22/13 IN FEET 3.) PIPELINE WARNING SIGNS SMALL SE INSTALLED AT CR0BSING. Job NO.: it-OS�I Dafa: 3/22/12 Drwn: RJM $heN: 01: 4.) STATIONS ARE LOCAL AND HORIZONTALLY BASED. L\2011\IIWMA-w-k—\cw\P—%\@y W ar,nwN\Rq(�?_121irh Sww IM - 1 1 _W. m bill 0 0 0 0 0 E rb t.Mr00 t%la b 1M)rb tOf]rb tObsW tWrb a.0 MNb tWrb t00.rb ,blrb t0�u0� IW 100 ror�m r�o,eio�nMmiW.t°0ai.°u ,CROSS T E% W�ram �r�� vr.cc=—� �,Wtno raay. — .�'OM4b[�w•�as°ia�e��� E �,}!.� R°�'�'°L°'O� �.rnri•,aotm E�'�W+�"'��s GNIRI NROq TDfM D141LAD m.ntwe�wcros m.Enno w WnW • 00. a�f0aW ON.l0u1o� 7EW — loom Id o a #CROSSTEX vo,mx.fic �� — m,.lw wn,no �iiP. imn OMiM NbN TENAR MIiAD ———� 1N�A Cat ��[1uO,YRmi l'O•'� y�y •.il.' • .G 10 a.fKNRa1M ! Tow I OD m m >+o o JA Lik:�� avv)'•°b��+'•:�mo ro. w.a was••v'O.s s�°010`a..u°Opw°6 r•ewoirtwt•w. TEXAS Re m F na.m ,ro.m ,ao.m ,m.m im. rno.m nn.m CD ,CROSSTE% l4vE �� -tea� —per:xeK m,w.+o RwRI� —C'_ 'm�•^7, a}�wwo.w1eiuw erv�m�aww ae/ pw CR4 MM naw. ro n © m.xnwo maem �mro w M0DH lE1Uf NRfAD oa r+is roe,aau rORaMrnLaC.Ye � _._aaK '�•mwo ewr nw m e a�faeM SUa, ��� TEMW M CD UM 8 ` i � i a ii y i R � � • ® m _ r,Miie•'n.,•,sr 'CROSSTEN CAAIN Now Tax"SPREAD OWN ®.wue w•vw n °JRtI� �� • °'�� v.0. r�sa�wrie ao•ass r,•NPIe CO•,n RICH WITH OPPORTIINITY D 11 E A,11110 11* City Council Agenda Item T • E • X • A • $ TO: City Council FROM: Kyle Hayes, City Manager 0 PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty foot(20') wide Drainage Easement. BACKGROUND Vic Marino, President of Construction Equity has agreed to convey one twenty foot (20')wide Drainage Easement described as being a 0.1192 acre tract out of the H. Williams Survey, Abstract 56 to the City of Beaumont to allow the construction of a storm sewer outfall pipe for future development. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Vic Marino, President of Construction Equity, has agreed to convey one twenty (20) foot wide drainage easement, said easement being a 0.1192 acre tract out of the H. Williams Survey, Abstract 56, as described in Exhibit"A" and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of allowing the construction of a storm sewer outfall pipe for future development; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Vic Marino, President of Construction Equity, as described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - 1 � Fittz&Shipman INC. Consulting Enginee►s and Land Su►veyo►s Ronald D.Fittz, P.E., R.P.L.S.(1948-1987) Donald R. King,P.E. Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek, R.P.L.S. Billy J.Smith,Jr., President EXHIBIT A,PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 20' WIDE DRAINAGE EASEMENT OUT OF THE H.WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS OCTOBER 3,2012 That certain centerline description for a 20' wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being across a called 4.580 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances: Note: The Basis of Bearings is an east line of a called 4.793 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2009020467 of the Official Public Records of Jefferson County, Texas having been called North 02°59'26"West 688.22 feet. COMMENCING at a capped iron rod found in the south line of a tract conveyed to Delaware Extension Development Ltd. as recorded in Clerks File No. 200047669 of the Official Public Records of Jefferson County, Texas for the northeast corner of the said 4.793 acre tract and the northwest corner of the said 4.580 acre tract; THENCE South 02 059'26" East along the east line of the said 4.793 acre tract and the west line of the said 4.580 acre tract a distance of 519.20 feet (called South 02°59'26" East) to a point for the PC of a curve and the POINT OF BEGINNING of the said centerline from which a '/" capped iron rod set for the southwest corner of the said 4.580 acre tract and the most northerly northwest corner of West chase Village, Section Ten, a plat recorded in Clerks File No.. 2012002468 of the Official Public Records of Jefferson County, Texas bears South 02°59'26" East 153.64 feet (called South 02 059'26" East); THENCE along the said centerline of a 20' wide drainage easement with a curve to the right having a chord bearing of South 89°15'58" East, a chord distance of 211.51 feet and a radius of 1555.98 feet, a distance along the curve of the 211.67 feet to a point for a reverse curve; THENCE continuing along the said centerline of a 20' wide drainage easement with a curve to the left having a chord bearing of South 86 049'35" East, a chord distance of 48.14 feet and a radius of 952.51 feet, a distance along the curve of 48.14 feet to a point in a west line of a called Fittz&Shipman,Inc. Page 1 of 2 Project No. 11034ConsEquityesmt Plat& Description 1405 Cornerstone Court• Beaumont,Texas 77706 • (409) 832-7238 • fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•.Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT A,PAGE 2 OF 3 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas and an east line of the said 4.580 acre tract for the POINT OF TERMINATION of the said centerline of the 20' wide drainage easement from which a Y2" capped iron rod set for the southeast corner of the said 4.580 acre tract and an interior corner of the said 10.64 acre tract bears South 02 059'16" East 141.07 feet (called South 02 059'16" East). This Field Note Description is based on a survey performed by Fittz & Shipman, Inc.during 2010 and 2011. ��/ ;•" Walter J. Ksiaze Registered Professi al Land Sury yor No. 5321 :' ' ` WdaL T 30" x, .a • . S U RV c`� � P Fittz&Shipman,Inc. Page 2 of 2 Project No. 11034ConsEquityesmt Plat& Description EXHIBIT "A". PAGE 3 OF 3 COMMENCING NOW OR FORMERLY POINT DELAWARE EXTENSION DEVELOPMENT LTD. FOUND CLERKS FILE NO. 200047669, O.P.R.J.C. CAPPED IRON ROD (CALLED N 87'13'32" E) N 87.15'38" E 308.72 308.72 SET 1/2' CAPPED IRON ROD CONSTRUCTION EQUITY, INC. REMAINDER OF CLERKS FILE NO. 2009020467, O.P.R.J.C. CONSTRUCTION EQUITY, INC. LITWOOD, INC. (CALLED 4.793 ACRES) CLERKS FILE NO. 2011009231 O.P.R.J.C. CLERKS FILE NO. 2010016837, O.P.R.J.C. (CALLED 4.580 ACRES) (CALLED 10.64 ACRES) N O N N Q 0) Z W to M W W 10 0 N O N tV 01 N i• Q m O Q QJQJj� U POINT OF BEGINNING CENTERUNE 20' WIDE SET 1/2" DRAINAGE EASEMENT IRON RRW -Cl POINT OF TERMINATION C2 CENTERUNE 20' MADE DRAINAGE EASEMENT OS 0 CENTERLINE 20' MADE C A L a^�D E DRAINAGE EASEMENT w e 10 n Lo c io p �N LF" 01 0 10 0 00 FOUND CAPPED f/1 a IRON ROD SET 1/2"CAPPED WESTCGE IRON ROD REMAINDER OF S LITWOOD, INC. CLERKS FILE NO. 2010016837, O.P.R.J.C. CLERKS 68, (CALLED 10.64 ACRES) O.P.R.J.C. (CALLED 1.939 ACRES) i NUMBER IDELTA IRADIUS JARC ICHORD ICIHORD BEARING 21 07'47'40" 1555.98 211.67 211.51 S 89'1558' E C2 02'53 45 952.51 148.14 148.14 IS 86'49 35 E SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, OF T THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. o �c' .WA.LTE5321 SI... O Nr: WALTER J. KSIAZEK Cj, S 14' REGISTERED PROFESSION L LAND SUR YOR NO. 5321 SUflVr10O 2\PROJECTS\11034 Weatchasa Sac 11\TASK 1\11034Eamta.dwg Oct 03. 2012 04.28M 20' DRAINAGE EASEMENT SHEET NO. F�#tzhipman , ruts: CONSTRUCTION EQUITY, INC. 3 H. WILLIAMS SURVEY, A-56 PROJECT NO. 1405 CORNERSTONE COURT,BEAUMONT, TEXAS BEAUMONT TEXAS 11034.0000 (409)832-7238 FAX(409)R19-71m EXHIBIT "B" DATZ:10-3-12 TASK 1 E RICH WITH OPPORTUNITY T . � X . A a Ci t3 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart; Public Works Director MEETING DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits of Beaumont for use in the Water Department. BACKGROUND Crosstex NGL Pipeline, LP has requested permission to install a 12" (twelve inch)pipeline to cross one (1) eight inch(8") sanitary sewer force main located near Club Oaks Road, one (1) four inch(4") sanitary sewer force main on Tolivar Canal Road and crossing Bunns Canal owned by City of Beaumont. The pipeline is for the purpose of transporting natural gas, and will be constructed in accordance with City requirements. There is a one-time fee of$500.00 for the Utility Crossing Agreement and an annual fee of$2.25 per linear foot of pipeline. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Utility Crossing Agreement to Crosstex NGL Pipeline, LP, substantially in the form attached hereto as Exhibit 'A" to install a twelve inch (12") pipeline which will cross one (1) eight inch (8") sanitary sewer force main located near Club Oaks Road, one (1) four inch (4") sanitary sewer force main on Tolivar Canal Road and crossing Bunns Canal belonging to the City of Beaumont for the purpose of transporting natural gas, said pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AOREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Crosstex NGL Pipeline Business Phone:( ,LP. - (214)9S3-95W Business Address: 2501 Cedar Springs Road,Suite 100,Dabs,Tx 75201 The City of Beaumont,hereinafter called"City",for and in consideration of the One Hundred Ninety one Dollars and 25/100($191.25) sum specified herein hereby grants to Crosstex NGL PlWne,LP.- hereinafter called "Licensee", the license to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil, gas, Water, or Natural Gas Uquids products,on or across the following City easement and/or property situated outside the City of Beaumont,Jefferson County,Texas,but being Within our Extra-Territorial Jurisdiction (ETJ)and/or Certificate of Convenience and Necessity(CCN)and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement 'Length(Linm Foot)of Crossing Bunns Canal 65 Feet S"Sanitary Sewer Main 20 Feet ToNvar Canal Road No Charge 1 EXHIBIT "A" C09T OF LICENSE: Licensee shall make payment to do City of Beaumont as follows: o License Agreement fee-$500.00 G Annual he of $2.25 per linear foot of pipeline located within City propety. Said fee shall be resort on January 31,2011 and shall be reset every ten(1o)years,tl�reafW4 to a level to be detemained by the City Council or their delesded reprove. All fees,including the Oast annual fee for linear foot usage shall be made to the water Utilities Department and payable to the City of Beaumont prior to contraction. This license is granted by tie City of Bmanout subject to conditions. Failure to comply with the following may result in tecminedon of agreement(see page g). GENMtAL C ONDMONS: C Licensee does not intend to sell product for resale$nm the covered pipeline to are/omeirs loaned wlt6in tbe.Cityr,however, Licensee reoogmms that should it sell peoduct For tank 8001 Ibis Covered pipeline to customers within the City, it will be required to report such dietdl don.and when lawfully required to do so,pay a street rental he based on revenues. The annual fee and the rem ooattvlliog the payment of such fee will be those as lawfully estebilshed by the ordinances of the City. ° An pVoWm mosaing My of Besumoat W4 ewes,waft or sanitary sewer shall be boeed from easament lice to ftmn nt lint. Within these omits, the pipeline shall be pzaterbed by casing or other method approved by the City water Utilities Depertmmt C The pipeline shell be construcled in such a manner as approved by the City so as it does not interfere with the we of the City property.' C The pipeline shall be inahlled a minimmn of three(3)feet below ground and a minimums of flue(5)feet below the lowest existing or proposed ditch tie, waterlines, nuftwy sewer lines or stain drainage lines, unless Otherwise authorized by the City. Such grades and lines shall be indicated on map submittal,as weal as depth of proposed pipeline(ace page 3): 2 The construction and operation of the pipelino well not intar£ere with the naval drainage in that area nor widi the dra mp system of the City, nor with sanitary sower limes,waterfiaes,or other utilities. Damage to existing ditch Bade during 0000ft lion or maintenance of the pipdim shall be oorredoland the ditch grade shill be restored to the condition and grade at which it existed ppor to eonsrncdon or meintmeaoe. Bore pits shell be backMed according to(Sty sods. o Excavations necessary for rho cvnsuucbcm6 repasir, m mawlesanoe of the pipeline daft be perfcamed in such a in== that will cause minimal inconvenience,to tine public. Liomsee shall promptly restore the area to as • good a condition a4 bef n vAxft thereon and to the reasonable sstisfedion of the City's Water Utilities Depertmant. 0 Opesationa along ememmts shall be perPommd in such a meaner that all property where operations am perfoamed will be'restomd to original condition or better. No equ4 m ant or ioet kdm p voednrea will be used which will damp any shuc Imes. The cost of any rgmdrs to struatatrea, sanitary'sewer lines,water lines or oilier er> muM festcnee as a result of this insinHadon will be bane by the owner of this line. ° Any 000s6cuction which takes place in, on, under, above, or across property eat owned by the City shad negadce addklmd pemim m by the owner(s)of the property involved. Written proof of amid pennie don is to be provided m the City as part of the applicWm ptvoess. Approval of this license mgmeamat emclades peon to do any construction on property which is not owned by the City of Bem=Kmt. 1 0 Any hoemes, permits or agremmats roguired by asmthor governmental entity(Cody,State or Federal)to adjob"pro" shall be obtained and a oopy of such document shall be provided to the City. 0 Licroses shall be respastedble for acquiring all agamients necessary for the lawfml use of erasy private Fwatty. ° A map showing the location of the proposed pipeline aban be provided 0 the pipeline shall be masiardtined and operated in suds a manner as not to leak=&or carve damage to the City property. Once the pipeline is in operation,my dansar that omms to the pose which reaults in exposure or reiesm of prodmet moat be npoated huseflasely to-the City Fin Dgmrtmmt and Water Utffities Deparbumt. Licensee shall My 3 cooperate with the Are Dot and provide or assist with providing, say and all necessny noli cs6oris,a wastion.s or other neoeaawy aodwL Leaks or outer defecu are to be repaund innnediatdy by ucaneee at it's own coat ° The Licensee shall be reaponsffic for the eleamp and remediatian of ccnbamated an=due to asposwe or release of product and sqy and all comb assoouded with said cleanup and remedistion. ° The Licensee shall be regCOn.sible for any and all oosta assocdabed with the relocation.of the pipeline As provided,the necessity for relocation of the pipeline shall be solely within the discretion of City. ° balhation will be done In a000adgwe with all City standards and statutes of the Stage of Texas. ' 1tBOUIItED CUVERAt3B: ° Licensee shall famish the.City with a Certificate of Stsodard l:aebjW Inauance,including bodily injuries and Property danuM naming the City of Beaumont as an Additional bmnvd. Suds policy shall provide for the Following minimimn coVeriige: ° fly injudw S 3000M per peason $100,000.N per incident ° Property Damage: s1,000,000.00 Such inmrawe sball be maiotaiaed in force and. ffm during the won or required maiataoanoe of the pipdine and during the Hk of the pipeline. Such c m haste shall contain a provision that at least fif m (15 days written nobooe must be given to the City prior to cancellation, ahmshon,or modification of such inanmce. ° Licensee shall have in force with the City a surety bond in the principal amount of S1.000,000.00. The bond dull be payabia to the City of Beaumont for the use and beset of soy person edified thereto and conditioned that**Pincipel and wety will Pad'all dauges many peaty caused by, or seising ftom, or growing out of any vidWion of the teens of Ws agreement. The bond shell provide tint it may not be cancelled,altered, or otherwise modified without giving fitiean(15)days Plot wniden.ootwe to the City. The bond shall be good and in a8bat'far a period of one(1) year from the date of completion of oanetiuction of the pipeline. ° Licensee shall indemnify, save and hold harmless the City of Beaumont 4 ROM my and all claims for h*mes and draoarges b pan= or property oopsiaaed by or adsmg out of the oondmc dM maatmem operetta®, repair or removal of the pipeline. Ibis indemnity eocpnomly extends to cndma alleging negligence by the.aty of Beaumont,it's officoers or cmVkym, aching fiom actions Wm or ocamimoes under this h mere ° if the pWim or any part hereof inet~elled by L shall be in my' or htlumd by City or any of its ago* or employees in oonaaotion WA the I , Sr emmve of any work or repain that may be done Won the property mentioned herein: Licensee shall not be en*W to prosecute or mwntam a claim agong the City of Beaumont 'for m:y such damage or i*das so suetrdned by it, however, add conditions shall-not prevent I.ioansee from MOVC&g aping nay contractor wbo andl damage Uoemmee's pmpnty in the came of such coattectar's . perfarniaaoe of any contract with the City. ° City will use its beat efforts tb notify Lioeoeee of nay proposed conamcdon and/or maiatmeno%to be done by City farces or by coatracd for the City, within the property involved widr this license. Note ion,to L100mlee,of other conskuction and/or maims pfd by the City and whhia the property involved with this licanee will be the responsibility of the company obtaining said permit, Lioeosee shall mark the location of its lines within forty-eight(46) hours atl+er receipt of such won of proposed oonsftwb n. Licensee andl mWMb a local,or toll floe,telephone number to be oallad for noti8c0004 of oonslruction or memteosnce and for location of lines. Such mm*a,or charges to such camber,will be p ovlded to the City (Watar Ud tm DVw medrt) and kept curia t at all time:. This n msber shall be proovided to entities perrnhtad to aomtrnct,maintain or eucavate within this City property and which ere regrdred to provide won of much work. When infarmation has been relayed to Licensee„through the phone number provided, such contact shall condibds notification for Lion =to provide location of its lines. Faikm by Lioansee,to nspoad within the requb d there flame shall allavlate the rempondbility of rho person(s) requiting the linos to be rtislocated. ° City reserves the night to lay,and to permit to be laid,sewer,gm%waxer and ' odes Am and cables, and to do or permit to be dame any undergmund S work that may be deemed to be necessary or proper by City in,across, along or wader the property. In doing or ping any such work,the City of Baarmmont shell not be liable to 11com ee for any damage ooc and; it being undw000d that noddug heroin shell be construed as foreclosing Lioeneee'a right to rsoovar denmege against any ocn:raotor err thud patty who may be raepcmable for dam me to Measee's fsMINes. o Whenever by reason of the change in the Smile of the property oowpied by Licensees'pd alias,or by region of the location or roamer of constructing drainage shuctmIa, wale pipes, gas pipe, sewers, or other tmdo:Wound construction for any pmpow whatever, it shall be deemed neomrsy by City to re100111e, alto. eacaee, clmnek adopt or conform the pipeline of Licensee thereto,suds chop shall be made promptly by Licensee at its coat and without claim Ens redmburaemeat or damages aPh*City. If the chengo is demaaded by the City for the beneffi of any other person or private coMorieiaa, accept the City, Licensee shall be nW&&sed fully by the person or oorpmVioa desaiag or occasioning auc h cbmir for any ac mw arising out of such change; licensee will, aeon notice from the may, make anoh chimp immedidely and at its own cost; it being understood that City will not participate in ray part of the cost of any change involving relocation, alterin&encnsiaS bWm or changing in any mama of the pipeline where same is within City property. G Any and all work to be performed on City property shall be observed and inspected by a City rive. Any wodc to be pafmmed within the City limits will be subject to periodic*vodon to ensure camplimce with conahncstion atandudii. o Licensee shall peovide the City(Wder Utilities Department)forty-eight(48) hours prior to the installation of the line permitted by this license. A repreaotative will be scatedoled to be present. The expense of such inig" m services may be billed to the Lkewea and such amounts will be reimbmud to the City. a Liceam shall notify the Water Utilities Departmeut at leart forty-eight(48) hours prior to completion of work and removal of equipment fim tha job site to permit tha City to make an inspection. �I 6 RP$CLAi. CONDITIONS: This Hamm is persand to the Liomee. It is nonassigmble and any attempt to assign this license will t=gnabe the license privileges granted to Licensee hereunder. Tames This agt+oanerrt is subject to tun aation by tbo City if=y condition sp ocsfied herein is not nut. This ggrecaoert may also be termiaated by the Lionme. 13tiher party attempting to tanminde this apnemmt shall give written notice to the other specifft the date of,and the room for,termination. Such notice*0 be given not lass thm thirty 00)days prior to the termination dale therein specified.•Any written notice may be ei'%ded either by personal delivery or by registered or cardfied mail.postage prepaid with r I raoeipt reguesta& Mail notices doll be addressed to the addresses of lira pars as follows: City of Bomnout Name of Licensee•CPJ0SSTEX NGL PIPELINE,L.P. P.O.Box 3827 Beaumont,Texas 77704 Address of Licens e:2501 CEDAR SPRINGS RD.,STE.100 Attu City Manager City and State of Licensee:Dl IM-TX 75M Upon cancellation,the pipeline shad be rawAved and property restored to a condition acceptable to the water UdWies Dieectar. In the event of c wxxllation,any and all monies Collected for fees associated with this agrec®eM wiR main the property of the City. There will be no reimbursements. t e 7 CommenoedarE of wale on the pipeline by Licensee aft the date of this fully ammAed license shall be com awed as evidaoce of L.iocnace's aomptanoe and approval of the conditions above set forth. IN Wn NESS WHBREOF, the City of Bemwwid,Teuui,has caused these presants to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this OTH day of MARCH A.D.20 13 CITY OF BEAUMONT, TEXAS By Kyle Hayas,City Managar ATTEST: City Clark APPLLCANT"S COMPANY NAME: (Licom)CROSSTEX NGL PIPELINE,L.P. Rqzamded by: CHRIS GRENEAUX DIRECTOR OF LAND-PNGUUG Title ATTEST: By: Secretary 8 orlo Woi1003�, D 4 j=j 28 22„ ORANGE COUNTY, TEXAS 7 no 13 nk P 1 N rc NANCY DAVIS SURVEY 4' O Area of . to, i1OS1 a 4 i z A-5 Proposed Work - 17 ' a os -'V 1471( iwi,( IIaIRij/P1II! i6T, 0 R 0 (eel 1 s - . union _ ,Ir't 360 { 103 13 2 J1Y R 12- 3I R China -1/ Parr e psi 2 zz O P 24 27 efla 347:. b VICINITY MAP NW TO SCALE B m s m x D ? X= 1,291 226.33' S F D S S Q v=10,947,,275.21' N 4 OL f 8 S. a LON. 94.105242 TA oF' tt ��` A x= 1,291,293.45' O O,e pq Apo` t �4 O Y=10,947,274.67' P ® 'e LAT. 30.157342 Tt p y LON. 94.105036 S69°31'53'E rEPROPQSED 1I� PIPELINE 65.12' Underground uRIUOs wW/or ppelnes e11Own hereon \ we Plotted Leila the beet ORIS_rW limbs PLAN evidence.No courlhIAm*rmewchorpnXAnadppekw aroIx olhw uUWins PWI—UC. SCALE:1'-30 J Q W 2 W B 4 B Z y W �a W D Z Z z y Z m t ® 0 C Z It Q a O a p F m F B p p O Q Q 1. O f N O N N t` N O d• m N m WARNING SIGN(TYPICAL) N Pt 'D m N + + } WARNING SIGN(TYPICAL) a a TEST STATION in In I m+ + + +N N A TEST STATION 40 m m --m — ---- ---._.m — m— —Lm -- m— m —1 40 2D --- 2T— ------- -— -- - — -- ---- 5'-- - zD 40 -- __ I-_-___—_ -120`-_--___..-- PROPOSED 1 2' PIPELINE PROFILE VERTICAL SCALE:I'-100 HORIZONTAL SCALE:P-XF SPECIFICATIONS TYPE:WATE BODY PIPE: CROSSTEX NGL PIPELINE, L.P. 12.75 2.75""O.D.X 0.375'w.T. SMYS:API 5L IL 50 .ADP:2100 PBIG PROPOSED CANAL CROSSING COATING: 14-1 6 MIL FSO WARD INSTALLATION METHOD:HDO BUNKS CANAL PRODUCT:NATURAL GAB TX361-203 GENERAL NOTES: ORANGE COUNTY, TEXAS i.) COORDINATES ARE BASED UTM ZONE 1 5,HAD 93,U.S.FOOT. ORRD JOM CHANCE LAM S211O\/SIVQ INC. 2.) ELEVATIONS ARE BASED ON NAVOBS DATUM. aALLlt��I�UV� u71 ve 3.) PIPELINE WARNING SIGNS SHALL BE INSTALLED AT CROSSING. 4.) STATIONS ARE LOCAL AND HORIZONTALLY BASED. GEODEM DATU1c N4013 Prof'Myr.: RAP SCALE a 30' 2011L.U.T.M.13(MOM Revise: 5.) INTERSECTION IB LOCATED AT: am Lum.US SURVEY FEET Prin1W: 2/7/13 IN FEET — N t 0,947,274.93'/LAT.30.1 57342 Job No.: 11-0344 1 Dote: 1/31/13 Dmn: RJN Sheet: Of: E 1,291.261.49'/LDNG.94.105137 L\2011\110344\PnWfk ry\CAD\Pw"13\ROOAR-FE361-303AeR 1 1 P70 13 327 kbl•°.,1 % JEFFERSON COUNTY, TEXAS is 42"r SHADRACK MORRIS SURVEY lum6tN1 toy ilos xe Area of �� 7a ' i ABSTRACT 42 ,Proposed Work I o 1138 Akuril ai �° / e Ld v � e lAke I tos ra t $l a I t 6x\ /k / 2 X20 e ie0 IDS Is LdQ °L , n !;l i1i NedeTlo zz o Q a a0 / / h re s Oind NI 4ki El365I 3 24 n ulDj 3.- o t61 i7--{aas au r o P VICINITY MAP 4dL° _1- d NOT TO SCALE ° 0 °•`Q y%'Q N'"Ao,N 4. @ O N/N 1 500+56 APPROX.R.O.W. L �/ 'po 4dL L° d B/ O /R E PIT Q Q BORE PT O 4,PROPOSED 1 2" PIPELINE / a / 1 501}47 APPROX.R.O.W. } / Under ound utilities arWla Q / 9r pipeklaswM tNxean are pbttetl ushlg the Vest epplwM and uWibB evidence.No court house research a pro"of Pipein_es PLAN and/a othB utRNles vma PoftTMd. SCALE:1.-W / W Z J I p W oa < U IL p a p V 3 O R 4 O 6J O EI D W 0 It Z E W E 4 E O X S D I 4 0 Z Z D X Z D O = Z X Z< E F0 IF F QIG W OF W Ip-- Im x X p (Liz J GO O S (I W W '� <.a W N W '/ X W I< 2 V WARNING■IGN(TYPICAL) N N � In In U G oI m IN N Q 2 3 &TEST STATION } } }Oa O O Q 0 0 } }0 } O O ON 10-0 0—O B O 13 O O 141 N n 0 N N N N N 9 1' 30 30 5'MIN Oe c�o vcww�w S'MiN 1 2'MIN 5 MIN 20 20 PROPOSED 1 2" PIPELINE to 10 NOTE PROFILE TIE SOUTHERLY ALONG C/L OF TOLIVER CANAL RD. VERTICAL SCALE:V-29 '0.58 MILES TO INTERSECTION OF HORIZONTAL SCALE:T-20 STATE HWY. 105 SPECIFICATIONS ROAD TYPE:ASPHALT CROSSTEX NGL PIPELINE, L.P. PIPE: 1 2.75'O.D.X 0.375'W.T. SMYS:API 5L X BO MAO,:2100 PSIS PROPOSED ROAD CROSSING COATING: 14-16 MIL FBO WARD TOLIVER CANAL RD. INSTALLATION METHOD:JACK AND BORE TJC245'1 50 PRODUCT:NATURAL GAB GENERAL NOTES' JEFFERSON COUNTY, TEXAS 1.1 COORDINATES•ARE BARED UTM ZONE 1 5,NAO 83.U.B.FOOT. .!QU JOW CHANCE LAW 8URV �eQ NC 2.) ELEVATIONS ARE BARED ON NAVDBB DATUM. 200DUlA11110MLAFAVETMIA70l00pe eRI 3.) PIPELINE WARNING SIGNS SHALL BE INSTALLED AT CROSSING. A ` P'1n 2w-t^P*sn n7-Ic 4.) STATIONS ARE LOCAL AND HORIZONTALLY BASED. GEODETIC DATUM:/N106S RAP SCALE Zow--U.T.Y.Is(NORTH) ReNeed: 0 20' 5.) INTERSECTION IB LOCATED AT: INaU LIMITS:US SURVEY FEET Pd t d:3/22/13 IN FEET - — —- N 10941 1 4.34//LAG.30.141 379 Job No.: 11-0344 Date: 7/5/12 Drwn: SCS/RJW Shast: 01•, E 1250914.34/LONG.94.232635 L:\2011\I 10344\Pn1UIMty,\GM\MrneW\Raad\R-TX245-I30Awy 1 1 x FOREIGN PIPELINE CROSSING(TYPICAL) 0 G Y O K O CENTERLINE OF DD6#1000 CANAL / �OE�OQOSEO 12 EXISTING 20'CITGO PIPELINE _ y EXISTING 12•TARGA PIPELINE ley PONT OF INTERSECTION STATION-169.70 LATITUDE.30'W S1'N LONGITUDE.9/•131P W TOP BANK OF CANAL PLAN NOT TO SCALE CROSS SECTION OF FOREIGN P/L W 60 ENTRY POINT f .. ....... I i EO 40 -i- _-- -L ._-�_ __ _-t i 1 EXIT POINT EXISTING 1Y TARGI1ppELF1E XISTNG 20'CITSiO PWELINE-.—. -_ ---1--.- 10 .Fi 20 ... -.. .. -- w -t— -..------.-.-----I L---.. - - ---i 20 z 0 36.37:39 13Y� D 319321• O-20 z w :. ----- .--- - -a!I-7.1 - _- 1 PROPOSED ITAPELNE -40 — ----�— Ti0 '., .. i �-CEN T ERLINE OF DDS 01000 CANAL i .80 1 i 1496 SD 1497.00 1497.50 1498.00 1498.50 1499.00 1499.51) 1SW.OD 1300.51) 1501.00 1501.50 1502.00 1302+50 1603.00 -80 PROFILE 1•-tar 1.1 INSTALLATION METHOD HOD DOLL CROSSTEX NGL PIPELINE, L.P. 2.1 UHDFRGROUM UTILITIES ANdOR RPEIMES SHOWN HEREON ARE ROTTED USING TINE BEST AND D VISIBLE EVIDENCE PROPOSED 12'PIPELINE CROSSING 3-)NO COURT HOUSE RESEARCH OR PROBING OF PIPELINES ANRDOR OTHER UTUnES WAS FEWORNED- 8-SEWER MAIN PIPELINE CROSSING 4.)OWNER OF FOREIGN PPELNE(S)SHALL BE NOTIFIED N HOURS N ADVANCE OF EXCAVATION OF SURVEY SHADRACK MORRIS,ABSTRACT 42 CROSSING JEFFERSON COUNTY,TEXAS S.)TEST LEAD AND WHERE STATION TO EA II$TALIFD WHERE PRACTICAL AT THE NFARESf FENCE HEDGE ROW OR w.. FEID EDGE AND WHERE RFApLY ACCESSIBLE NSTALLtOMPANV-SUPPLED PERIARFENT REFERENCE AiBI CELL AND EXTEND CELL LEAD TO TEST LEAD STATION. _ — ►°pgevweRBIn NPaLA'"N 6.1 DEPTH OF PPEIRE INCLUDING 3.4Y MNN11N CLEARANCE SHALL BE~ANNE0 FOR THE FULL ANGULAR WIDTH OF FOREIGN PIPELINE RAM. u OI9BR0� 9GlE AS SNOMN A"PROPOSED.BY RPELIIE WIY ONLY CROSS ABOVE THE FOREIGN RPELNE(9)WIEIE REQUESTED BY OR h►WA 12-6713 DNNw: 13 on m no 311111: q; APPROVED TW FT)REIGN RPELIIIE OWNER N W1011NG T iMBf70_�lIBN 1 1 o _ MIME d TEW .°�.m.. �i maX•ed mmomo. ra.w.a naeaaa s o m o m o E rm roe [] raw.wa -•- �wwa w .Yw°i°rt"r°°r°wr',m°' CNOSSTFX r rm [] �" rte°'• _ �w'w''Oe°� °�� ..w.w•r rt --mumW1TElUf W1lM • .ot w .aw•mrnt TEXAS ITS (!y P E « t f« _ —•— .�. C3 _ _ �� 'caossrez w,uwrasrxe —•—•— m .�.r RICH WITH OPPORTUNITY [I E ► City Council Agenda Item T • E • X • A e S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty foot(20')wide Drainage Easement. BACKGROUND Bill Little, President of LITWOOD, Inc. has agreed to convey one twenty foot(20') wide Drainage Easement described as being a 0.1645 acre tract out of the H. Williams Survey, Abstract 56 to the City of Beaumont to allow the construction of a storm sewer outfall pipe for future development. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Bill Little, President of LITWOOD, Inc., has agreed to convey one twenty (20) foot wide drainage easement, said easement being a 0.1645 acre tract out of the H. Williams Survey, Abstract 56, as described in Exhibit"A" and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of allowing the construction of a storm sewer outfall pipe for future development; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Bill Little, President of LITWOOD, Inc., as described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - Fittz&Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Chairman Walter). Ksiazek,R.P.L.S. Billy).Smith,Jr.,President EXHIBIT A,PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 20'WIDE DRAINAGE EASEMENT OUT OF THE H.WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS OCTOBER 3,2012 That certain centerline description for a 20' wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being across the remainder of a called 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances: Note: The Basis of Bearings is an east line of a called 4.793 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2009020467 of the Official Public Records of Jefferson County, Texas having been called North 02 059'26"West 688.22 feet. COMMENCING at a DD#6 aluminum disk found in the south line of a tract conveyed to Delaware Extension Development Ltd. as recorded in Clerks File No. 200047669 of the Official Public Records of Jefferson County, Texas for the northwest corner of a called 4.579 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2000044673 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 10.64 acre tract from which a Y2" capped iron rod set for the northeast corner of a called 4.580 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 10.64 acre tract bears South 87°15'38"West 308.72 feet (called South 87°13'32" West 308.72 feet); THENCE South 02°58'16" East along the west line of the said 4.579 acre tract and the east line of the said 10.64 acre tract a distance of 538.46 feet (called South 03 002'05" East)to a point for the POINT OF BEGINNING of the said centerline from which a capped iron rod found for the southeast corner of the said 10.64 acre tract bears South 02°58'16" East 500.63 feet (called South 03°02'05" East); THENCE South 87 001'44"West along the said centerline of the 20'wide drainage easement a distance of 258.11 feet to the PC of a curve; Fittz&Shipman,Inc. Page 1 of 2 Project No. 11034Litwoodesmt Plat& Description 1405 Cornerstone Court• Beaumont,Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" 4 � EXHIBIT A,PAGE 2 OF 3 THENCE along the said centerline of the 20'wide drainage easement with a curve to the right having a chord bearing of South 88°42'34"West, a chord distance of 100.23 feet and a radius of 952.51 feet, a distance along the curve of 100.28 feet to a point in an east line of the said 4.580 acre tract and a west line of the said 10.64 acre tract for the POINT OF TERMINATION of the said centerline of the 20'wide drainage easement from which a '/z" capped iron rod set for the southeast corner of the said 4.580 acre tract and an interior corner of the said 10.64 acre tract bears South 02 059'16" East 141.07 feet (called South 02 059'16" East). This Field Note Description is based on a survey performed by Fitz& Shipman, Inc. during 2010 and 2011. OF Walter J. Ksiazek Registered Professional Land Surveyor No. 5321G..:�:.... .. ....532 r a s �• � S y 4r""„ _ Fittz&Shipman,Inc. Page 2 of 2 Project No. 11034Litwoodesmt Plat& Description i EXHIBIT W, PAGE 3 OF 3 NOW OR FORMERLY COMMENCING DELAWARE EXTENSION DEVELOPMENT LTD. POINT FOUND FOUND CLERKS FILE N0. 200047669, O.P.R.J.C. ALUM DISK CAPPED IRON ROD (CALLED S 87'13'32" W) S 87'15' W 617.44 306.72 308.72 SET 1/2' CAPPED IRON ROD em 0 50 Lqo 0 3 • REMAINDER OF CONSTRUCTION EQUITY, INC. n LITWOOD, INC. N S CLERKS FILE NO. 2011009231 O.P.R.J.C. CLERKS FILE N0. 2010016837 O.P.R.J.C. rn (CALLED 4.580 ACRES) C4 (CALLED 10.64 ACRES) to t0 z; Z w a 3 ao m s C4 N N 'D <Z my W o J a Z v V POINT OF BEGINNING C) o SET 1/2' CENTERLINE 20' MADE o w RAN Roo DRAINAGE EASEMENT o W w^ W nn< o ooz � N POINT OF TERMINATION C1 _S 87'01'44" W 256.11_ • c° i E] CENTERLINE 20' WIDE — o DRAINAGE EASEMENT 90 N 3 CENTERLINE 20' WIDE o Ir DRAINAGE EASEMENT rn cd SET 1/2' °f° CAPPED N IRON ROD ° M 10 REMAINDER OF LITWOOD, INC. to .16 SET 1/2" CLERKS FILE NO. 2010016837 O.P.R.J.C. FOUN CAPPED (CALLED 10.64 ACRES) CAPPED IRON R00 IRON ROD WESTCHASE VILLAGE TI N FOUND SEC ON TEN CAPPED CLERKS FILE . 2012002465, IRON ROD O.P.R.J.C. (CAKED 1.939 ACRES) NUMBER IDELTA IRADIUS JARC ICHORD ICHORD BEARING C1 105-01-56- 952.51 1100.28 1100.23 IS 86 4 34" W SURVEYOR'S CERTIFICATION: OF j I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, 5 01$TFp4 THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE x * 0� r,`. �^ ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. «*.J...,....„.....„ � WALTER d.KSIA....:,....,•�� ...i.......».......... ....... 9 5321 �� k10 �rfr 0 &jwe6x A"�� - SSI,..Q WALTER J. KSIAZEK URVil REGISTERED PROFESSI AL LAND SU YOR NO. 5321 Q:\PROJECTS\11034 Weetchose Sec 11\TASK 1\11034Es ts.dwg Mar 25. 2013 03:11pm Fittz Shlpl�tal't 20 2 DRAINAGE EASEMENT SHEET NO. ING. PWn= NAM LITWOOD, INC. J H. WILLIAMS SURVEY, A-56 PROJECT NO. 1405 CORNERSTONE COURT,BEAUMONT. TEXAS O AI"AONT, TEXAS p 11034.0000 (409)832-7238 FAX(409)832-1 EXHIBIT «B" DA7Z:10-3-12 TASK 1 RI6■ WITE OPPORTUNITY BEAUMO:N* T * Z # X * A # 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 2,2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a seven year financing agreement for the water meter infrastructure project 2. Consider a resolution approving a three year contract for plumbing services PUBLIC HEARING * Receive comments from applicants related to the Public Services, Public Facilities and Improvements line items of the 2013 Consolidated Grant Program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: J.A.I. Dining Services(Beaumont),Inc., et al vs. The City of Beaumont, Texas, et al;No. 1:13-cv-00157 Claim of C.F. Jordan Construction, LLC; Event Center Claim of Tyrone Bill Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. I I 1 April 2,2013 Consider a resolution approving a seven year financing agreement for the water meter infrastructure project RICH WITH OPPORTUNITY BEAUMUN'* T • E • X • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEET NG DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution approving a seven(7)year financing agreement with All American Investment Group, LLC(AAIG) at a fixed interest rate of 1.69%for the water meter infrastructure project. BACKGROUND On September 25, 2012 Council approved a Performance Contract with Johnson Controls, Inc. for installation and implementation of an Automated Metering and Leak Detection Infrastructure Project for the Water Utilities Department. The total contracted cost of the project is $14,487,402. A$1,000,000 capital infusion toward the project reduces the amount to be financed to $13,487,402. Bids were requested for a fixed interest rate to finance the project with the first annual payment in arrears following the eighteen(18)month construction period. The total lease purchase cost including interest of$1,056,858.52 is$14,544,260.52. An amortization schedule is attached. Bids were requested from thirty-three(33)vendors with ten(10)responding. The lowest bid did not meet specifications. The lowest responsive bid was from AAIG. Bid tab is attached. FUNDING SOURCE Savings and revenue generated from this energy savings project in the Water Utilities Fund. RECOMMENDATION Approval of the resolution. Financing Agreement April 2, 2013 Page 2. AIMMOOMMAITIMAK 1 011,t 11MULAMPOWU 1iw -A Q T Payment No. Principal Interest Payment Payout Option Amount 1. $1,616,034.85 $346,407.15 $1,962,442.00 $11,990,080.82 2. $1,820,689.90 $200,626.10 $2,021,316.00 $10,151,184.02 3. $1,912,098.55 $169,856.45 $2,081,955.00 $8,219,964.49 4. $2,006,872.02 $137,541.98 $2,144,414.00 $6,193,023.75 5. $2,105,120.16 $1031625.84 $2,208,746.00 $4,066,852.39 6. $2,206,959.69 $68,049.31 $2,275,009.00 $1,837,823.10 7. $1,819,626.83 $30,751.69 $1,850,378.52 $0.00 TOTAL $13,487,402.00 $1,056,858.52 $149544,260.52 RESOLUTION NO. WHEREAS, bids were solicited for a seven (7) year financing agreement for a fixed interest rate to finance the water meter infrastructure project; and, WHEREAS, All American Investment Group, LLC (AAIG), of Denver, Colorado, submitted a bid at the fixed interest rate of 1.69%, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by All American Investment Group, LLC (AAIG), of Denver, Colorado, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by All American Investment Group, LLC(AAIG), of Denver, Colorado, for a seven (7) financing agreement for a fixed interest rate of 1.69%to finance the water meter infrastructure project, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a financing agreement with All American Investment Group, LLC (AAIG), of Denver, Colorado, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - ■cw an orrowrwwn* CITY OF BEAUMONT,BEAUMONT,TEXAS BEAUNOWPURCHASING DNVISION BID TABULATION T - S - Z - 1 - s Bid Name: Fixed Interest Rate Financing for Water Meter infrastructure Project Bid Number: MF1213-19 Bid Opening: Thursday,March 7,2013 @ 2:00 PM Contact Person: Sara Parker,Buyer III sparkerQci.beaumont.tx.us Phone: 409-88o-3757 Fixed Inlood PlAlls Bidder Meets Sped cations 1.56% Sun Trust EWpnwt Fbrrnce&Leasing Corp. No 1.89% AN Arrwho n kreeafmwt GroW,LLC Yes 1.70% JP Chase Be*NA No 1.77% U.S.qwKwp Gar mment Lewft A Finance Co. No 1.79% Hill Fkra wW No 1.79% VVeft Fogo Bonk,NA No 1.85% Pbvwx b Pubic Fswwe No 1.88% 1 BOVA Compase No 1.97% 18wic of America Public Capid Corp Yes 2.25% IPNC E Finance No EXHIBIT "A" 2 April 2,2013 Consider a resolution approving a three year contract for plumbing services RICH WITH OPPORTUNITY BEAUMON* T . 1C • X • A • a City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer k" MEETING DATE: April 2, 2013 REQUESTED ACTION: Council consider a resolution approving the award of a three(3)year contract for plumbing services to All Star Plumbing, Inc., of Beaumont in the estimated amount of $90,738.60. BACKGROUND The contract specifies that the successful bidder shall provide assorted plumbing services at fixed hourly rates and plumbing materials at a fixed percentage markup to maintain City plumbing systems. Six(6)vendors were notified, one(1)responded. The only bid submitted was from All Star Plumbing,Inc. The bid amount of$105,250 was considered excessive because it represented a thirty-three(33 0/*)to one-hundred percent(100%)increase over current contract rates. Purchasing regulations permit the negotiation of price when a single bid is received. A successful negotiation resulted in an overall twelve percent(12%)increase in rates as reflected on the attached bid tabulation. These rates are considered to be fair and justified by all parties. All Star Plumbing, Inc., has successfully held this contract for the past six(6)years. FUNDING SOURCE Various City Funds. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for a three (3) year contract to provide assorted plumbing services at fixed hourly rates and plumbing materials at a fixed percentage markup to maintain City plumbing systems; and, WHEREAS, All Star Plumbing, Inc., of Beaumont, Texas, submitted the single bid in the estimated amount of $105,250 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS,the bid amount of$105,250 was considered excessive and negotiations resulted in an estimated amount of$90,738.60 in the unit amounts shown on Exhibit"B," attached hereto, and, WHEREAS, City Council is of the opinion that the negotiated bid submitted by All Star Plumbing, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the negotiated bid submitted by All Star Plumbing, Inc., of Beaumont, Texas, for a three(3)year contract to provide assorted plumbing services at fixed hourly rates and plumbing materials at a fixed percentage markup to maintain City plumbing systems, in the estimated amount of $90,738.60 pursuant to the unit amounts shown in Exhibit "B," attached hereto, be accepted by the City of Beaumont, and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with All Star Plumbing, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2013. - Mayor Becky Ames - CITY OF BEAUMONT,BEAUMONT,TEXAS PURCHASING DIVISION BID TABULATION Bid Name: TRI-ANNUAL CONTRACT FOR PLUMBING SERVICES Bid Number: BF0113-08 Bid Opening: Thursday, February 07, 2013 2:00 PM Contact Person: Robert(Bob)Holler,Buyer II rhollarV-)ci.beaumont.tx.us Phone: 409-880-3758 end" ALL STAR City/gde BEAUMONT Phone or Fax No. Unit Price Extended Price ITEM DESC �QTY- 1 RATE MR ON-"PLUMBER 0 2 RATE PER HOUR-HELPER 120 $2S.00 S3,000.00 Q RATE PER HOUR-PLUMBER F. DURING EMERGENCY op 3 EVACUATION 100 $90.00 $9,000.00 = RATE PER HOUR-HELPER LX DURING EMERGENCY 4 EVACUATION 100 $37.00 $3,700.00 5 MINIMUM SERVICE CAL 20 $40.00 $800.00 PERCENT ADDED TO MATERIALS 6 COST $25,000 15% $28,750.00 TOTAL BID 1 $105,250.00 NO RESPONSE: Premium Plumbing,Jim Snell,Master Plumbing,AMC Plumbing,Impact Plumbing CITY OF BEAUMONT,BEAUMONT,TEXAS PURCHASING DIVISION BID TABULATION Bid Nam: TRI-ANNUAL CONTRACT FOR PLUMBING SERVICES Bid Number: BF0113-08 Bid Opening: Thursday, February 07, 2013 2:00 PM Contact Person: Robert(Bob)Holler,Buyer II rhollarAci.beaumont.tx.us Phone: 409-880-3758 Vendor ALL STAR city/s;tete BEAUMONT Phone or Fax No. Unit Price Extended Price ITEM DESC QTY. 1 RATE P 93N'-PLUMBER .1 .0 2 RATE PER HOUR-HELPER 120 $17.38 $2,08S.60 - RATE PER HOUR-PLUMBER -00 DURING EMERGENCY 3 EVACUATION 100 $52.15 $5,21S.00 °o RATE PER HOUR-HELPER = DURING EMERGENCY w 4 EVACUATION 100 $17.38 $1,738.00 5 MINIMUM SERVICE CALL 20 $40.00 5800.00 PERCENT ADDED TO MATERIALS 6 COST $25,000 1S% $28,750.00 TOTAL BID $90,738.601 NO RESPONSE: Premium Plumbing,Jim Snell,Master Plumbing,AMC Plumbing,Impact Plumbing PUBLIC HEARING Receive comments from applicants related to the Public Services, Public Facilities and Improvements line items of the 2013 Consolidated Grant Program RICH WITH OPPORTUNITY BEAUMON* City Council Public Hearing T • E • % • A • S TO: City Council FROM: Kyle Hayes,City Manager CSC PREPARED BY: Chris Boone,Community Development Director MEETING DATE: April 2, 2013 REQUESTED ACTION: Council conduct a Public Hearing to receive comments from applicants for Public Services,Public Facilities and Improvements line items of the 2013 Consolidated Grant Program. BACKGROUND Applicants for Public Services,Public Facilities and Improvements grant funds will have the opportunity to present details of their applications to the City Council. Attached is a listing of the applicants. FUNDING SOURCE U.S. Department of Housing and Urban Development(HUD)Community Development Block Grant Program. RECOMMENDATION Council conduct the Public Hearing. 2013 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&ImprovementalEmergency Shelter Set-Aside AMOUNT CDAC ADMNi1STRATION CITY COUNCIL ORGANN17ATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1. AARP/Experience Corp $20.000.00 $0.00 $0.00 $0.00 2 Cathedral CDC $20,000.00 $040 $0.00 $0.00 3 Catholic Charities of Southeast Texas $11,350.00 $0.00 $0.00 $0.00 4 Ch1d Abuse&Forensic Services $20,000.00 $0.00 $0.00 $0.00 5 Gifts for Grades $5,000.00 $OM $0'0 6 Girls Haven Inc. $20,000.00 $0.00 $0.00 $0.00 7 IEA-Inspire,Encourage,Achieve $9,000.00 $0.00 $0.00 $0.00 8 Julle Ropes"Gift for Life" $8,000.00 $0.00 $0•00 $0'00 9 Lamar university/Texas Governor's School $20,000.00 $0.00 $0.00 $0.00 10 Life Training Institute $16,650.00 $0.00 $0.00 $0.00 11 Lighthouse United S211,000.00 $0:00 $0•00 $0.00$0.00 12 Nutrition and Services for Seniors $17,103.00 $0.00 $0- 00 13 Southeast Texas Family Resource $20A00.00 $9.40 $0.00 $QX 14 Southeast Texas Food Bank $20A00.00 $D.00 $0.0.0 $0'00 SS Spindletop Center $20,000.00 $0.00 $0.00 $0.00 16 Stable Spirit $20,000.00 $0.00 $0.00 $0.00 17 Triangle Aids Network $20,000.00 $0.00 $0.00 $0.00 18 YMCA Beaumont $20,000.00 $0.00 $0'00 $0.00 $297.103.00 $0.00 $0.00 $8.00 PUBLIC FACILITIES AND IMPROVEMENTS 19 Habitat for Humanity $72,875.00 $0.00 $0.00 $0.00 20 Sabine Oaks Home $20,000.00 $0.00 $0.00 $0.00 21 Shorkey center $20.000.00 $0.00 $0.00 $0.00 22 The Salvation Army Boys&Girls Club $12,000.00 $0.00 $0.00 $0.00 $70,878.00 $0.00 $0.00 $0.00 A :Awt111111IIM lo¢P16k Sf1YICes aIrCI�f1e: $387,978.00 $0410 $0.00 $0.00 HOMELESNISET-ASIDE $0•00 $0"00 $0'00 23 Family Services of Southeast Texas $20,000.00 $0.00 $0.00 $0.80 24 Henry's Place/Some Other Place $20,000.00 $0.00 $0.00 :0.80 25 The Salvation Army $40,000.00 $0.00 $0.00 $0.00 26 The H.O.W.Center $25,277.00 $4.00 $0.00 $0.00 A-11"A"11111",IMM 5106277.00 $0.00 $040 $0.00